21th Meeting of the Board of Directors of AOA at Baku Azerbaijan
21th Meeting of the Board of Directors
Asian Ombudsman Association
Baku, Azerbaijan:
2th October, 2018 at: 1pm
MINUTES
21st Meeting of the Board of Directors (BOD) of Asian Ombudsman Association (AOA) was held on 30th October, 2018 at Baku, Republic of Azerbaijan. The meeting was presided over by the President AOA, Hon’ble Mr. Syed Tahir Shahbaz, Federal Ombudsman Pakistan.
Mr. Abdul Khaliq, Executive Secretary of the AOA Secretariat, coordinated the Meeting.
.
Following Members of the BOD participated in the meeting:
| S.No. | Name | Position | Orgination |
|---|---|---|---|
| 1. | Mr. Syed Tahir Shahbaz | President | Federal Ombudsman Pakistan |
| 2. | Ms. Elmira Suleymanova | Vice President | Commissioner for Human Rights, Azerbaijan |
| 3. | Connie Lau Yin-hing | Secretary | Ombudsman Hong Kong, SAR, China |
| 4. | Mr. Justice Naser Seraj | Treasurer | President, General Inspection Organization Iran |
| 5. | Amzulian Rifai | Member Board | Chairman Ombudsman Institution, Indonesia |
| 6. | Sariya Saburskaya | Member Board | Commissioner for Human Rights, Tatarstan |
| 7. | Mr. Weiyao Yan | Member Board | Director General, Ministry of Supervision, China |
| 8. | Mr. Kiyotsugu Harashima | Board Member | Director, AEB, Ministry of Internal Affairs & Communications Japan |
| 9. | Harjeet Singh | Board Member | Director General, Public Complaints Bureau Malaysia |
| 10. | Abdul Khaliq | Executive Secretary | AOA Secretariat |
2. Since the President AOA had joined his office after the last Board (20th) Meeting held in PyeongChang, Republic of Korea, it was considered appropriate to introduce him for better interaction among the Members. Brief introduction made by the Executive Secretary is recapped below.
“Syed Tahir Shahbaz has taken Oath on 21st July, 2017 as 7th Wafaqi Mohtasib (Ombudsman) of Pakistan and prior to his appointment as Wafaqi Mohtasib, he was Secretary Establishment Division, Government of Pakistan, one of the most prestigious posts at the hierarchy of top bureaucracy. He is qualified in law with superior degrees of LL.M. from Karachi University and LLB from Punjab University.
He started his career as an officer of Pakistan Administrative Service. Besides his vast experience in district management and governance at Provincial / Federal levels for more than 30 years, he also served as Registrar Supreme Court of Pakistan, Chairman Capital Development Authority and Senior Advisor with UNDP.
He also got different trainings at National and International levels. Some important are: Administrative Training at Civil Services Academy Lahore, Public Administration at National Institute of Public Administration Karachi, Advanced Course of Administration and Development at National School of Public Policy Lahore, Localizing Environmental Action at University of Tokyo – Japan, Workshop on Green Productivity at Dambula – Srilanka and Managing Strategic Change at Crown Agents International Management Centre, United Kingdom. Such a rich experience and variety of knowledge, we hope, will help in promoting the objectives of the Association in a most promising manner”.
The Members welcomed Mr. Syed Tahir Shahbaz on his joining as Federal Ombudsman Pakistan and President of AOA and hoped that his varied experience will help further promote the cause of Ombudsmanship and strengthen the fraternity among the Members of the Association under his able guidance and patronage. The Executive Secretary, before making his presentation on the Agenda items, requested Hon’ble President of the Association to deliver his ‘Welcome and Introductory Remarks’.
Agenda Item No. 1
- Welcome and Introductory Remarks by the Chair
“14th AOA Conference and General Assembly Meeting were held in 2015 in Islamabad, Pakistan where present Board of Directors was elected. As per Bye-Laws, AOA General Assembly meets every second year; thus the 15th General Assembly Meeting was the prime activity of the PyeongChang Conference in 2017. The General Assembly Meeting was preceded by 20th Board of Directors Meeting in PyeongChang. This is the 21st Board Meeting, the first meeting that I am participating as I took over as the Federal Ombudsman Pakistan after the 2017 PyeongChang Global Ombudsman Conference held in May, 2017. So I feel hounoured finding this great opportunity to learn from the rich experience of my learned colleagues.
The grand event set for today, here in Baku, the historic city and glorious capital of Azerbaijan will surely provide great opportunity for sharing experiences to strengthen the Ombudsmanship for the betterment of humanity in our region and beyond. I, on behalf the Association, especially the Members of the Board and the Secretariat, thank Hon’ble Professor Elmira and the Government of Azerbaijan for hosting the 21st BOD Meeting and making excellent arrangements for the Event. I am also thankful to respectable colleagues for accepting the invitation and joining us here for the noble cause of Ombudsmanship.
Before we may discuss the Agenda set for the meeting today I will mention a few actions taken during the last year. I will be very brief as their detail is already given in my Annual Report annexed with the Working Paper.
- As a result of vigorous drive, Ombudsman Institutions of Turkey, Republic of Dagestan, Georgia and Jordon joined AOA as full members.
- Amendments in the AOA legal framework on the issues like Electoral Reforms and easing of Entry Requirements for AOA membership were made.
- Website and e- Newsletter of AOA were made functional.
- A well equipped, free of cost and fully functional office premises of the Headquarter of AOA was established in the Federal Ombudsman Secretariat Islamabad.
- A regular Executive Secretary of AOA is looking after the AOA’s Secretariat which has ensured continuity to the activities of the Association.
- Establishment of AOA Alumni of retired AOA members is in process to ensure participation of retired members in the major events of the AOA.
- State-of-the art paraphernalia and communication tools like webinar/video conferencing and an AOA Directory akin to the IOI Directory are also in the process of establishment.
Now coming to the Agenda of current meeting, I would like to seek your kind attention on the next Board Elections. As you know, last elections of the BOD and Office Bearers were held in 2015. As per Bye-Laws of the Association, next elections are due in 2019; therefore, present BOD meeting needs to work out an Action Plan for holding elections in the upcoming General Assembly Meeting, scheduled to be held in Turkey in 2019, in a fair and transparent manner in line with the procedure laid down in the Bye-Laws and in the light of suggestions made by Hon’ble Members in the AOA meetings held in Tokyo, Kazan and Korea. I will request the Members to especially focus on the matters related to:
- Procedure of Election laid down in the Bye-Laws.
- Proposals contained in AEB, Japan, Letter.
- Date of holding General Assembly Meeting in 2019, in Turkey
- Timeframe for Nominations, Scrutiny of Documents, Procedure for Ballot.
I conclude my Opening Remarks with the hope that your candid suggestions on these Issues will make the election process even more transparent and participative and, with this, I request the Executive Secretary to proceed with the Agenda”.
- Responding on the President’s Remarks, the Members appreciated the services rendered by the AOA Secretariat, especially for managing efficient communication tools like AOA Website, e-Newsletter, online exchange of information and providing analytical reports to the Members for resolving the outstanding issues. They also thanked the President for ensuring cost free effective Secretariat support and successful drive for expansion of membership of the Association.
- With the above opening remarks, the Chair asked the Executive Secretary to proceed with the Agenda. The Executive Secretary introduced the Agenda items, one by one, using power point presentation and referring to the supporting documents. The Board Members deliberated on the Agenda Items and following decisions were taken:
Agenda Item No. 2
Approval of the Agenda for the Present (21st) Annual Meeting of the Board of Directors of the AOA
Minutes:-
The draft Agenda for the 21st Meeting of the Board of Directors of the AOA was presented by the Executive Secretary for the approval of the Board.
The Chair invited the Board Members to offer their comments, if any, on the current Agenda. However, no objection or observation was made by the Participants.
Decision:-
Hon’ble Members unanimously approved the Agenda.
Agenda Item No. 3
Approval of the Minutes of the last (20th) Meeting of the Board of Directors of the AOA held in Pyeong Chang, Republic of Korea, on 16th May, 2017
Minutes:-
The Members were apprised that the Minutes of the 20th Meeting of the Board of Directors of Asian Ombudsman Association, held on 16th May, 2017, in PyeongChang, Republic of Korea, were circulated among the Hon’ble Members of the Board vide e-mail dated 4th July, 2017. The observations received from the Office of the Ombudsman Hong Kong were incorporated in the Minutes, and thus, the Final Minutes were circulated among the Members vide e-mail dated 18-10-2017. However, in the Meeting, the Members were asked to offer their comments on the Minutes, if any.
Hon’ble Members showed their satisfaction with the Minutes of the 20th Meeting of the Board of Directors of Asian Ombudsman Association.
Decision:-
In view of the above stated position, the Minutes of the 20th Meeting of the Board of Directors of Asian Ombudsman Association were approved by the Board unanimously.
Agenda Item No. 4
Implementation Report on the decisions of the last (20th) Meeting of the Board of Directors
Minutes:-
The Board was apprised on the implementation of the decisions taken in the last (20th) Meeting of the BOD. The Implementation Report, which had already been circulated to the Members, was discussed point by point. The Members showed their satisfaction on the implementation of the decisions taken in the previous Board Meetings
Decision:-
The Board expressed its satisfaction on the Implementation Report and appreciated the efforts of AOA Secretariat for ensuring prompt and effective implementation of Board’s decisions. In particular, the Board appreciated for managing efficient communication tools like AOA Website, e-Newsletter, online exchange of information and providing analytical reports to the Members for resolving the outstanding issues. They also thanked the President for the successful drive for expansion of membership and for providing effective Secretariat services with least financial burden on the Association Fund
Agenda Item No.5
A: Approval of the Procedure of Election for any Vacancy falling Vacant during Tenure of the Board
B: Whether a Member can run for more than one Position or Not?
Minutes:-
The Members were apprised that the Board, in its Meeting held on 16th May, 2017 in Pyeong Chang (Item No. 4), had unanimously dropped the proposal for ‘Survey Monkey’ or other similar system in view of its high cost and availability of remedy under Bye-Laws 7(6) and 7(9) of AOA in resolving the matter (A). The Board then further agreed that if the position of Vice President, Secretary or Treasurer would fall vacant for a long time in future, the “Counter Proposal”, suggested by Hon’ble Ombudsman Hong Kong, Secretary AOA, Members of the Board of Directors will be empowered to elect by secret ballot to fill any such temporary vacancies when arisen.
However, the Board had further desired that the Secretariat should prepare a comprehensive report on this Issue and send it to the Members for further consideration. Accordingly, a Report in this regard had already been circulated among the Members; for convenience of reference it was also placed in the current Meeting. The Members applauded the report submitted by the Secretariat as a very high quality analysis of the issues related to the ‘Procedure of Election for any Vacancy falling Vacant during Tenure of the Board’ and stated that the report had explicitly explained the problem and its solution available within the Bye-laws or by pursuing the counter proposal as already decided in the last Board Meeting. Thus, with this appreciation of the facts, the Board concluded to close the matter.
The Board, in its meeting held on 16th May, 2017 in PyeongChang (Item No.4), had also discussed “whether a Member can contest for more than one position” and it was desired that the Secretariat should prepare a comprehensive report on this Issue as well and send it for appraisal of the Members and, if desired so, the matter would be discussed again.
Accordingly, a Report, in this regard, was prepared by the Secretariat and circulated among the Members; however, it was also presented before the Board for necessary perusal. For more detailed study, a Background Paper was also shared with the Members.
The Members appreciated the report submitted by the Secretariat and unanimously viewed that though the Rules were silent on the question “whether a Member can contest for more than one position”, it would not be feasible to allow a Member to contest for more than one positions. If a Member wins two positions, he will have to vacate one position for which fresh round of elections would be required which would not be possible till the next General Assembly Meeting. Therefore, appreciating the facts contained in the report, the Board unanimously agreed that “a Member can contest for only one position” and desired to close the issue
Decision:-
A: Regarding ‘Procedure of Election for any Vacancy falling Vacant during Tenure of the Board’, the Members stated that the Secretariat Report had explicitly explained the problem and indicated its solution within the Bye-laws or by pursuing the counter proposal as already decided in the last Board Meeting. Thus, with this appreciation of the facts, the Board decided to close the matter.
B: Appreciating the facts contained in the Secretariat Report, the Board decided that “a Member can contest for only one position” and decided to close the matter.
Agenda Item-6
Action Plan for the Election of the Board of Directors and Office Bearers in the General Assembly to be held in 2019 (Turkey)
Minutes:-
The Members were apprised that the last elections of the BOD and Office Bearers were held in 2015, in Islamabad. As per the AOA Bye-Laws, next elections would be held in 2019; therefore the, present BOD meeting also needed to work out an Action Plan for holding elections in the upcoming General Assembly, scheduled to be held in Turkey in 2019, in a fair and transparent manner in line with the procedure laid down in the Bye-Laws and in the light of suggestions made by Hon’ble Members in the AOA meetings held in Tokyo, Kazan and Korea, especially the suggestions contained in the letter circulated by AEB Japan dated 8th August, 2016. Therefore, the Members were requested to deliberate upon the following Points:
- Procedure laid down in the Bye-Laws and Code of Conduct of Business.
- Proposals contained in AEB – Japan Letter.
- Date of holding General Assembly Meeting in 2019, in Turkey.
- Time frame for Nominations, Scrutiny of Documents, Procedure for Ballot.
- Any other Suggestions by the Members.
The Board appreciated that the Secretariat had given due attention to the proposals given by the Member Institutions and thanked the President and the Executive Secretary for apprising the Board on various aspects of Election Procedure under the Bye-laws and Code of Conduct of Business of AOA and ways how the proposals contained in AEB – Japan Letter can be pursued in letter and spirit to further ensure transparency and greater participation in the upcoming Elections.
The Executive Secretary presented a detailed Election Plan containing the Timeframe for Nominations, Scrutiny of Documents, and Procedure for Ballot keeping in view the rule position given under the Bye-laws and Code of Conduct of Business of AOA and the proposals made by the Members. He suggested that the Election Process would start three months ahead of the scheduled date of the next General Assembly: first sixty days would be allocated for Nominations (documented intention of a contesting Member duly supported by a Proposer and Seconder); next fifteen days would be allocated for scrutiny of Nomination Papers by the Executive Committee and, thereafter, the final lists of contesting Members will be circulated among the AOA Members. Details of all these activities will be placed before the Board Meeting which would precede the General Assembly Meeting. As provided in the Bye-laws and Code of Conduct of Business of AOA, Elections will be conducted in the General Assembly Meeting under the chairmanship of a senior most Member, not himself contesting for a post, through a secret ballot and votes will be counted in front of the Members and results will be announced accordingly.
The Election Plan, proposed by the Executive Secretary, was appreciated by the Members and it was unanimously approved for implementation. It was desired that the Secretariat should contact the Chief Ombudsman Turkey to finalize the date for the next General Assembly Meeting.
Decision:-
Hon’ble Members appreciated the above mentioned Election Plan and unanimously approved it for implementation. It was desired that the Secretariat should contact the Chief Ombudsman Turkey to finalize the date for the next General Assembly Meeting.
Agenda Item-7
Report of the President on the Activities of the Association in terms of clause 5-5(i) of the Code of Conduct of Business of AOA
Minutes:-
As per clause 5-5(i) of the Code of Conduct of Business of the AOA, the President presented Annual Report – 2017 on the activities of the Association before the Board for their information and perusal
Decision:-
The Members appreciated the services rendered by the AOA Secretariat under the able guidance and patronage of Hon’ble President of the Association. In particular, the Board appreciated for managing efficient communication tools like AOA Website, e-Newsletter, online exchange of information and providing analytical reports to the Members for resolving the outstanding issues. They also thanked the President for the successful drive for expansion of membership and for providing effective Secretariat services with least financial burden on the Association Fund.
Agenda Item-8
Review of the Development and Performance of the Academy Established by the General Inspection Organization, Iran
Minutes:-
The Members were apprised on the initiatives taken by the General Inspection Organization (GIO) Iran, so far, for promoting the Academy as state of the art academic institution in the area of ombudsmanship. Hon’ble Justice Naser Seraj, the President, GIO, Iran, updated the Board on the activities of the Academy and proposed to give it status of an affiliated body of the Association. He further shared with the Members that he desired AOA’s support in terms of operational interaction with the Members and patronage of the Association; however, the Academy, for its financial and logistic needs, will not be dependent on the Association’s support.
The President AOA supported the proposal made by the President, GIO, Iran and stated that by granting the Academy a status of affiliated body will not only enhance its credibility but also add to the intellectual assets of the Association. The Members, supporting the proposal unanimously, approved it to be placed for ratification by the General Assembly.
Decision:-
The Members unanimously supported the proposal for granting the Academy status of an affiliated body of the Association and also approved for its placement before the General Assembly for ratification.
Agenda Item-9
Approval of the Audit Statement of AOA Accounts for the year 2017
Minutes:-
The Treasurer, Hon’ble Ombudsman (President GIO) Iran, placed the Audit Statement, prepared by M/s W.A. Associates, for the year 2017 before the Board for its perusal and approval. The Board appreciated the President for exercising strict control over the expenditure and approved the Audit Statement for the year 2017.
Decision:-
The Board approved the Audit Statement for the year 2017.
Agenda Item-10
Issues related with Non-Payment of Annual Membership Fee
Minutes:-
Request from Human Rights Defender’s Office, Republic of Armenia for waiver of AOA membership fee for the year 2018 was placed before the Board.
To provide a perspective of the Issue, the Board was apprised that in 19th BoD Meeting held in Kazan (Item No.15), it was proposed that membership of Armenia be cancelled for not having paid annual fee since 2011 despite repeated reminders but the Board decided that instead of cancelling defaulting Member’s membership, it would be deprived of its rights to vote, contest election and avail any facility from the Association involving financial implications. To give effect to this decision, necessary amendments were also made in the Bye-laws of the Association with the approval of the General Assembly.
The Hon’ble Members, in view of the position stated above, desired to follow the procedure already provided / amended in the Bye-laws and exceptions should not be made. It was further desired, though it is responsibility of every Member to ensure payment of annual fee according to the time schedule given in the Bye-laws, yet the Secretariat may issue reminders to the defaulting Members in this context.
Decision:-
The Board declined the request made by Human Rights Defender’s Office, Republic of Armenia for waiver of AOA membership fee for the year 2018 and desired to follow the procedure already provided / amended in the Bye-laws in this context.
Agenda Item-11
Finalization of dates for AOA 22nd Board of Directors and 16th General Assembly Meetings
Minutes:-
The Board was apprised that in the 15th General Assembly Meeting (2017), Hon’ble Chief Ombudsman Turkey offered for hosting 16th General Assembly Meeting and AOA Conference in 2019. As per set tradition, a BOD Meeting precedes General Assembly Meeting; therefore, the 22nd BOD and 16th General Assembly Meetings will be held next year in Turkey.
The Board deliberated upon some tentative timeframe for holding the next General Assembly Meeting and, for that, it was desired that the Secretariat should contact the Chief Ombudsman Office Turkey for seeking the date for the next General Assembly Meeting scheduled to be held in Turkey in 2019, as already offered by the Hon’ble Chief Ombudsman during the 15th General Assembly Meeting held in Korea.
Decision:-
The Board desired that the Secretariat should contact the Chief Ombudsman Office Turkey for seeking the date for the next General Assembly Meeting scheduled to be held in Turkey in 2019.
Agenda Item-12
Reduce inequality within and among countries: SDGs (Goal 10)
Minutes:-
This Agenda Item had been proposed by Commissioner for Human Rights, Azerbaijan. Mrs. Hijran Huseynova, Chairperson of the State Committee for Family, Women and Children Affairs of the Republic of Azerbaijan was specially invited to speak on the subject. She candidly shared with audience the role played by the Baku Forum on Sustainable Development in the context of Sustainable Development Goals (SDGs), especially the 10th SDG which regards to ‘Reduce inequality within and among countries’. Hon’ble Commissioner for Human Rights, Azerbaijan also delivered her valuable views on this global issue in the context of her country. The Members also gave their views on this important issue; however, it was felt that the Members should be requested to prepare a comprehensive response on this topic keeping in view the respective country position and send it to the AOA Secretariat within fifteen days so that a set of recommendations could be framed for moving forward to achieve the Goal: ‘Reduce inequality within and among countries’.
Decision:-
The Members were requested to prepare a comprehensive response on this topic keeping in view the respective country position and send it to the AOA Secretariat within fifteen days so that a set of recommendations could be framed for moving forward to achieve the Goal: ‘Reduce inequality within and among countries’.
Agenda Item-13
Exchange of useful information for promoting mutual cooperation in future
Minutes:-
This Agenda Item was proposed by National Commission of Supervision, China. Thus, Hon’ble Mr. Yan Weiyao, Director General, National Commission of Supervision delivered his candid views on this important issue. He viewed: “Currently China was running a special program to curb corruption and maladministration in order to help secure the national goal of poverty elimination by 2020 and show that anti-corruption is an integral part of sustainable development”.
The Members appreciated the views presented by the Chinese colleague on the linkage of anti corruption / anti malpractices initiatives to poverty reduction and achieving the sustainable development. However, in view of significance of the subject, it was felt that the Members should be requested to prepare a comprehensive response on this topic with the perspective of the respective country position and send it to the AOA Secretariat within fifteen days so that a set of recommendations could be framed for moving forward to achieve the higher goals of ‘Poverty Reduction and Sustainable Development’.
Decision:-
The Members were requested to prepare a comprehensive response on this topic with the perspective of the respective country position and send it to the AOA Secretariat within fifteen days so that a set of recommendations could be framed for moving forward to achieve the higher goals of ‘Poverty Reduction and Sustainable Development’
.
Agenda Item-14
Any other item, which the Chair or any Member of the Board of Directors may like to discuss
Minutes:-
The Chair invited the Members to discuss any additional point, they feel like. Some Members proposed that Hon’ble Mr. Muhammad Salman Faruqui, former President AOA and Federal Ombudsman Pakistan, Hon’ble Ms. Connie Lau Yin-hing, Secretary AOA and Ombudsman Hong Kong whose terms of office completed in end of March 2019 and the Hon’ble Mr. Abdur Rauf Chaudhry, former Federal Tax Ombudsman Pakistan (Full Member) may be granted status of Honourary Life Members, under the Bye-law 5(3&5) of the Association. This proposal was unanimously supported by the Board.
Decision:-
The proposal to grant status of Honourary Life Members to Hon’ble Mr. Muhammad Salman Faruqui, former President AOA and Federal Ombudsman Pakistan, Hon’ble Ms. Connie Lau Yin-hing, Secretary AOA and Ombudsman Hong Kong whose terms of office completed in the end of March 2019 and Hon’ble Mr. Abdur Rauf Chaudhry, former Federal Tax Ombudsman Pakistan was unanimously approved by the Board under the Bye-law 5(3&5) of the Association.
Agenda Item-15
Vote of Thanks
Before concluding the Meeting, the President AOA offered ‘Vote of Thanks’ to the host communicating his sentiments in the following words:
I congratulate, Excellency, Ms. Elmira Suleymanova, Commissioner for Human Rights of Republic of Azerbaijan for arranging this grand Event. This Event will surely set a remarkable milestone for the promotion of Ombudsmanship within the AOA and beyond. So, I once again thank all the Members for their kind presence here and the Commissioner for Human Rights, Azerbaijan, the Organizing Team and the Government of Azerbaijan for serving the noble cause of Ombudsmanship and arranging this Event so well for the convenience of the participating Members.
- There being no other business, the 21st BOD Meeting of Asian Ombudsman Association ended with the thanks to the chair by the Members.